If you believe that a criminal offence has been committed against you, one avenue available under Singapore law is to file a Magistrate’s Complaint. This is a formal application made to a magistrate, requesting that the Magistrate inquires into the alleged offence and decide on the appropriate course of action.
This filing is open to a person who has been a victim of a criminal act and he is referred to as the complaint, while the person against whom the complaint is made is known as the respondent.
What are the requirements to file?
To file, one must be above 21 years old or the parent or legal guardian of a complainant who is below 21 years old.
The respondent must not have been charged for the offence you claim have been made against you.
The offence must be one which is punishable by imprisonment of a term of up to 3 years, a fine or both.
What are some cases where I can file a complaint?
- Someone punched you and thereby voluntarily caused hurt to you.
- Your neighbour repeatedly shouts vulgarities at you in the corridor, causing you distress.
- Your friend now threatens to “beat you up” or sends you a message saying they will hurt you if you do not comply with their demands.
- An ex-partner repeatedly follows you home from work, loiters outside your house, or persistently sends you unwanted messages despite being told to stop.
- Someone vandalises your car, smashes your windows, or deliberately destroys your personal belongings.
- Someone deceives you into paying $5000 for some “magic beans”, but they are ordinary green beans.
How to file a Magistrate’s Complaint
First, a complainant would need to draft her Grounds of Complaint, describing what had happened to her. Her complaint should be factually accurate and provide all relevant details and provide all the documents she is relying on in support.
For example, if the Complainant is asserting that her neighbour had verbally abused her and she has a video, then this video should also be submitted.
Thereafter, the Complainant would need to appear before the Magistrate who will decide what should happen next and make such orders as may be appropriate in the circumstances.
For example, the Magistrate may order that Parties proceed to mediation.
Depending on the circumstances, the Complainant’s case may also be referred to the police for them to take further action or make further inquiries. If the Magistrate finds that there is insufficient reason for the complaint to continue, the complaint may be dismissed.
This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.